COMPLAINT FOR PETITION IN ESTATE OF CALVIN TUNNELL State of Illinois, } In the Circuit Court, } SS. County of Greene. } To the September Term, A. D. 1906. To the Honorable , Judge of the Circuit Court of the County of Greene, in the State of Illinois, In Chancery Sitting: Your complainants Elvira A. Tunnell Lyons of Plainview, Illinois, Nancy Tunnell Summers, Jane E. Witt Ball, Elzina Witt Ball, Flora E. Bethel, Arthur M. Freels, Alice T. Freels, Mary Tunnell Boyle, Estella Tunnell Trabue, Flora Tunnell, Susan J. Summers Ozbun, Charlotte E. Summers Linder, Annie Mary Witt, Maria Irene W. Boyd, Henry J. Witt, Susan J. Tunnell Wood, respectfully represent unto your Honor, that Calvin Tunnell, the father of your complainants, Elvira A. TunnelL Lyons and Nancy TunnelL Summers, and late of Greene County, Illinois, now deceased, was at the time of his death, seized in fee simple and possessed of all the following described real estate, to-wit: The East half of the Northeast quarter of Section Thirty-three (33), containing Eighty (80) acres; the East half of the West half of the Northeast quarter of Section Thirty-three (33), containing Forty (40) acres; The Northwest quarter of Section Thirty-four (34), containing one hundred and sixty (160); and the South part of the West half of the Southwest quarter of Section Twenty-seven (27), containing Thirty (30) acres; all of said above described real estate being situated in Township No. Ten (10) North in Range Twelve (12) West of the third principal meridian in the County of Greene in the State of Illinois, and aggregating three hundred and ten (310) acres;- and being so seized possessed as aforesaid, the said Calvin Tunnell, a widower, departed this life, testate, on or about the 7th day of April, A. D. 1867; and left surviving him his nine children, and the four children of his son William A. Tunnell, deceased, as hereinafter respectively named, his only heirs at law. And your complainants further represent that the said Calvin Tunnell, in his life time, to-wit, on or about the 23rd day of September, 1865, made and published his Last Will and Testament in due form of Law, and duly authenticated to pass real estate; and in and by the said Last Will and Testament, the testator did, among other things, give and bequeath to his son Andrew J. Tunnell and estate in fee determinable in all of the said above described premises under the description of "the farm on which he now resides being my old homestead containing about three hundred and ten acres" which said "old homestead farm embraces and includes therein all the said tracts of land and pieces of real estate hereinbefore described as aforesaid which said bequest to said Andrew J. Tunnell the said testator did not in and by his said Last Will and Testament make in fee or fee simple but on condition and with the restriction that if said child, Andrew J. Tunnell, should "die leaving no issue living at the time of his death," the said legacy bequeathed to him shall remain in the testator's estate and shall be distributed among all testator's heirs equally as intestate estate and upon the further condition that he pay said estate the sum of Two Thousand Dollars as will more fully appear by the said Will, when produced, and by a copy thereof, hereto attached, marked "Exhibit A," and made a part of this Bill.- Your complainants further represent that the said Last Will and Testament of the said Calvin Tunnell, was afterwards, on or about the 19th day of April, A. D. 1867, presented to the County Court of Greene County, Illinois, for probate and duly proved and probated and ordered filed and recorded by the County Court (In Probate) of said Greene County, Illinois, as will more fully appear by the record thereof in the Office of the Clerk of said County Court in Record "G" Page 86 and in Probate Record Wills B. Pages 380-l-2, reference thereto being had.- Your complainants further represent that the said Andrew J. Tunnell, paid to said estate of Calvin Tunnell said Two Thousand Dollars and continued in possession of said premises under said will until his death and with his wife, Laura Alice Tunnell, resided on said premises and said Laura Alice Tunnell still resides thereon, and on, to-wit: the 30th day of May, A. D. 1906, the said Andrew J. Tunnell departed this life intestate and without lawful issue, leaving no issue living at the time of his death, and when said Andrew J. Tunnell died leaving no issue his interest in said "old homestead farm" the said real estate herein before described which was merely an estate in fee determinable ended, and his widow, Laura Alice Tunnell, has no interest therein except she resides thereon, and the fee, simple title in and to said above described real estate on the death of said Andrew J. Tunnell as aforesaid passed to and became fully vested in. the remaining children and heirs of said Calvin Tunnell, deceased, hereinafter named, as tenants in common. Your complainants further represent that the said heirs of said Calvin Tunnell, deceased, interested in said premises as tenants in common and their several interest therein are as follows, to-wit: FIRST. The children and heirs of his son William A. Tunnell, deceased, are together entitled to an undivided one ninth (1/9) part thereof, to wit: 1. His daughter Emma Tunnell Sweeney is entitled to an undivided one fourth (l/4)of said one ninth (l/9) part thereof; 2. Adeline Maud Tunnell and Edward Lynn Tunnell, children and only heirs of his son Allen Morse Tunnell, deceased, together, are entitled to an undivided one fourth (1/4) of said one ninth (l/9) part thereof in equal parts; 3. Ross Augustus Tunnell, only child and heir of his son Newton Tunnell, deceased, is entitled to an undivided one fourth (1/4) of said one ninth (1/9) part thereof; 4. His daughter, Miss Effie Tunnell, is entitled to an undivided one fourth (1/4) of said one ninth (1/9) part thereof. SECOND. The children and heirs of his son Daniel L. Tunnell, deceased, are together, entitled to an undivided one ninth (1/9) part thereof, to-wit: 1. His son William Calvin Tunnell is entitled to an undivided one fourth (1/4) of said one ninth (l/9) part thereof; 2. The grandchildren and only heirs of his daughter Mary Catherine Tunnell Young deceased, to-wit: Agnes B. Minns Lester, Chester N. Minns, Ralph F. Minns, Mary Minns and Paul Minns are, together, entitled to an undivided one fourth (1/4) of said one ninth (l/9) part thereof in equal parts; 3. His son Luther Benton Tunnell is entitled to an undivided one fourth (1/4) of said one ninth (1/9) part thereof; 4. Charles Tunnell, William Leslie Tunnell and Sadie B. Tunnell, children and only heirs of his son Pryor D. Tunnell, deceased, are, together, entitled to an undivided one fourth (1/4) of said one ninth (l/9) part thereof in equal parts. THIRD. The children and heirs of his daughter Polly Tunnell Witt, deceased, are, together, entitled to an undivided one ninth (1/9) part thereof, to-wit: 1. Annie Mary Witt, Maria Irene Witt Boyd and Henry Jackson Witt, children and only heirs of her son Andrew Jackson Witt, deceased, are, together, entitled to an undivided one-third (1/3) of said one ninth (l/9) part thereof in equal parts; 2. Her daughter Jane E. Witt Ball is entitled to an undivided one third (1/3) of said one ninth (1/9) part thereof; 3. Her daughter Elzina Witt Ball is entitled to an undivided one third (1/3) of said one ninth (1/9) part thereof. FOURTH. The children and heirs of his daughter Eliza Jane Tunnell Witt, deceased, are, together, entitled to an undivided one ninth (1/9)part thereof, to-wit: 1. Mary Effie Robinette Farris, Pleasant Orson Robinette, William J. Robinette, Morris W. Robinette, and Jane Lois Robinette Vivion, children and only heirs of her daughter Nancy Jane Witt Robinette, deceased, are together, entitled to an undivided one third (1/3) of said one ninth (l/9) part thereof in equal parts; 2. Her daughter Mary Witt Smith, widow, is entitled to an undivided one third (1/3) of said one ninth (l/9) part thereof; 3. Nancy Alice Bethel Titus, Mary Effie Bethel and Flora E. Bethel, children and only heirs of her daughter Emma, Witt Bethel, deceased, are together, entitled to an undivided one third (1/3) of said one ninth (l/9) part thereof in equal parts. FIFTH. His daughter Nancy Tunnell Summers, widow, is entitled to an undivided one ninth (1/9) part thereof. SIXTH. The children and heirs of his son John Tunnell, deceased, are together, entitled to an undivided one ninth (1/9) part thereof, to- wit: 1. Arthur M. Freels and Alice T. Freels, children and only heirs of his daughter, Alice Tunnell Freels, deceased, are together, entitled to an undivided one seventh (1/7) of said one ninth (1/9) part thereof in equal parts; 2. His daughter Mary Tunnell Boyle is entitled to an undivided one seventh (1/7) of said one ninth (1/9) part thereof; 3. His son Newell S. Tunnell is entitled to an undivided one seventh (1/7) of said one ninth (1/9) part thereof; 4. His daughter Estella Tunnell Trabue is entitled to an undivided one seventh (1/7) of said one ninth (l/9) part thereof; 5. His son John A. Tunnell is entitled to an undivided one seventh (1/7) of said one ninth (1/9) part thereof; 6. His son Lucius B. Tunnell is entitled to an undivided one seventh (1/7) of said one ninth (1/9) part thereof; 7. His daughter Flora Tunnell is entitled to an undivided one seventh (1/7) of said one ninth(l/9) part thereof. SEVENTH. The children and heirs of his daughter Elizabeth Tunnell Summers, deceased, are together, entitled to an undivided one ninth (1/9) part thereof, to-wit: 1. Her daughter Susan J. Summers Ozbun is entitled to an undivided one fifth (1/5) of said one ninth (1/9) part, thereof; 2. Her daughter Charlotte E. Summers Linder is entitled to an undivided one fifth (1/5) of said one ninth (1/9) part thereof; 3. Her son James Tunnell Summers is entitled to an undivided one fifth (1/5) of said one ninth (1/9) part thereof; 4. Her son Wade T. Summers is entitled to an undivided one fifth (1/5) of said one ninth (1/9) part thereof; 5. Her son Jackson L. Summers is entitled to an undivided one fifth (1/5) of said one ninth (1/9) part thereof. EIGHTH. The children and heirs of his son Calvin Tunnell, deceased, are together entitled to an undivided one ninth (1/9) part thereof, to-wit: 1. His son Henry Andrew Tunnell is entitled to an undivided one fourth (1/4) of said one ninth part thereof; 2. His daughter Susan Jane T. Wood is entitled to an undivided one fourth (1/4) of said one ninth (1/9) part thereof; 5. His son James C. Tunnell is entitled to an undivided one fourth (1/4) of said one ninth (1/9) part thereof; 4. His son Frederick Fleet Tunnell is entitled to an undivided one fourth (1/4) of said one ninth (1/9) part thereof, And NINTH. His daughter Elvira Adeline Tunnell Lyons is entitled to an undivided one ninth (l/9) part thereof. And your complainants further represent unto your Honor that the said nine children of said Calvin Tunnell, testator, deceased, as aforesaid, and their descendants severally hereinbefore named, parties to this suit are the legatees and only heirs at law of said Calvin Tunnell, deceased, and are seized in fee simple, and entitled to said above described premises as tenants in common; and that the several rights and interests of each therein are as the right, interest and part of each are hereinbefore severally stated and set forth, and that no other person or persons than the parties above named have any interest in, or title to, the said described premises, or any part thereof, in possession, remainder, reversion or otherwise except Charles Scoggins and William Pence who are tenants from month to month on a portion of said premises. Your complainants further represent that said Chester N. Minns, Ralph F. Minns, Mary Minns, Paul Minns and William Leslie Tunnell are infants under legal age. that Andrew Jackson Tunnell died on the 30th day of May 1906 and that all of the other deceased children and said grandchildren decease of said Calvin Tunnell deceased died prior to said 30th day of May 1906. Your complainants further represent that they are desirous that a division or partition of the said described premises shall be made among the several parties seized of or entitled thereto according to their respective rights and interests therein; and in case the same cannot be divided among the owners thereof, without manifest injury or prejudice to the parties, interested therein, that then the same may be sold, and the proceeds divided among the parties, according to their respective rights and interests. Your complainants further represent that some of the parties interested in said premises reside in foreign states and are not residents of the State of Illinois and your complainants cannot meet and come to an agreement with them for an equitable division and partition of the said premises or any part thereof. Forasmuch, therefore, as your complainants are without remedy in the premises, except in a court of equity, and to the end that the said Laura Alice Tunnell, Emma Tunnell Sweeney, Adeline Maud Tunnell, Edward Lynn Tunnell, Ross A. Tunnell, Effie Tunnell, William C. Tunnell, Agnes B. Minns Lester, Chester N. Minns,, Ralph F. Minns, Mary Minns, Paul Minns, Luther B. Tunnell, Charles Tunnell, William Leslie Tunnell, Sadie B. Tunnell, Mary E. Robinette Faris, Pleasant Orson Robinette, William J. Robinette, Morris W. Robinette, Jane Lois Robinette Vivion, Mary L. Smith, Nancy Alice Bethel Titus, Mary Effie Bethel, (deleted Flora Eliza Bethel), Newell S. Tunnell, John A. Tunnell, Lucius B. Tunnell, James T. Summers, Wade T. Summers, Jackson L. Summers, Henry A. Tunnell, James C. Tunnell, Frederick Van Fleet Tunnell, Charles Scoggins, William Pence who are made parties defendants to this bill, may be required to make full and direct answer to the same, BUT NOT UNDER OATH, THE ANSWER UNDER OATH BEING HEREBY WAIVED, that a guardian ad litem may be appointed by the court for said infant defendants, that the parts or shares justly belonging to your complainants, and all the other owners hereinbefore named, of, in and to the aforesaid premises, may be settled and ascertained by and under the direction of this court; and that a fair division and partition thereof may be made between your complainants and all other persons who shall appear to be owners of or interested therein, according to the respective rights and interests of each therein; and that proper commissioners may be appointed to make division and partition of the said premises among the parties interested there-in; or, in case a partition thereof, or any part thereof, by metes and bounds or a division cannot be made without manifest prejudice to the owners, that then the same, or such parts thereof as can not be so divided and partitioned, may be sold by and under the direction of this court, and that the proceeds of the sale, after paying the costs and charges of this suit, may be divided among the owners thereof according to their several rights and interests therein; and that, to that end, the rights and interests of the parties interested in the said premises, or in the proceeds of the sale thereof, may be ascertained and declared by the order or decree of this court; and that your complainants may have such other and further relief in the premises as equity may require and to your honor shall seem meet. May it please your honor to grant the writ of summons in chancery, directed to the sheriff of the said county of Greene commanding him that he summon the several defendants hereinbefore severally named to appear before the said Court, on the first day of the next September Term 1906 thereof, to be held at the Court House in the City of Carrolton, in the County of Greene and State of Illinois aforesaid, then and there to answer this bill, etc. May it. please your honor to grant the writ of summons in chancery directed to the sheriff of Rock Island County, Illinois to summon the defendant Emma Tunnell Sweeney in City of Rock Island Illinois; to the sheriff of (deleted Macoupin) Montgomery County Illinois to summon the defendants James C. Tunnell and Frederick Van Fleet Tunnell, (deleted and to the sheriff of Cook County Illinois to summon the defendant Flora Eliza Bethel at No. 169 Jackson Boulevard, with Royal Insurance, or at No. 1208 Ellis Avenue in City of Chicago Illinois. Elvira A. Tunnell Lyons, Mary Tunnell Summers, Jane E. Witt Ball, Elzina Witt Ball, Arthur M. Freels, Alice T. Freels, Mary Tunnell Boyle, Estella Tunnell Trabue, Flora Tunnell, Susan J. Summers Ozbun, Charlotte E. Summers Linder, Annie Mary Witt, Henry J. Witt, Maria Irene W. Boyd, Susan J. Tunnell Wood, Flora E. Bestal, Complainants. By Jesse M. Freels, M. V. Joyce & Thos. Henshaw Sol's for Complainants. Copy of Will of Calvin Tunnell attached as exhibit A. GREENE COUNTY, ILLINOIS CHANCERY BOX NO. 253 FILE #3 ------------------------------------------------------------- UGENWEB NOTICE: These electronic pages may NOT be reproduced in any format for profit or presentation by other organiza- tions or persons. 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